RIZVAN KHAN @ BILLU vs STATE OF CHHATTISGARH

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CGHC010333932026 2026:CGHC:38630
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No.8073 of 2026
Rizvan Khan @ Billu S/o Sahid Khan Aged About 22 Years R/o
Near Ganga Store, Behind The Mashjid, Santoshi Nagar, P.S. -
Tikrapara, District Raipur Chhattisgarh ... Applicant
versus
State Of Chhattisgarh Through Police Station Tikrapara District
Raipur Chhattisgarh ... Non-applicant
_____________________________________________________
For Applicant :Mr. Leekesh Kumar, Advocate.
For Non-applicant/State :Mr. Soumya Rai, Dy. G.A.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
01.09.2026
st
1. The Applicant has preferred this 1 Bail Application under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
SISTLA
NEELIMA
VISHNU
PRIYA
for grant of regular bail, as he has been arrested in
connection with Crime No.451/2026 registered at Police
Digitally signed by
SISTLA NEELIMA
VISHNU PRIYA
Date: 2026.09.01
15:43:55 +0530

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Station – Tikrapara, District Raipur (C.G.), for the offence
under Section 109 of BNS.
2. The prosecution case, in brief, is that on 24.05.2026 at about
11:30 p.m., the complainant, an auto-rickshaw driver, was
standing at Gate No.03, Naya Bus Stand, Bhatagaon, Raipur,
waiting for passengers. At that time, accused/Applicant
allegedly came there and told the complainant not to pick up
passengers, stating that the area belonged to him.
Thereafter, he allegedly abused and assaulted the
complainant. Subsequently, when the complainant reached
near Bakra Market, Sanjay Nagar, the accused allegedly
followed him in his auto-rickshaw bearing registration No.
CG04QJ9524, threatened to kill him and attacked him with a
knife on his abdomen. The complainant allegedly caught
hold of the knife to save himself, whereupon the accused
assaulted him on his right leg, causing injuries. Accordingly,
the offence as mentioned above was registered against the
Applicant. Hence this application.
3. Learned Counsel for the Applicant submits that the Applicant
is innocent and has been falsely implicated in the present
case. It is submitted that there is no independent witness to
corroborate the prosecution version and no weapon or other
incriminating article has been recovered from the Applicant. It

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is further submitted that the alleged incident arose suddenly
out of a quarrel between the parties regarding picking up
passengers, without any prior planning or premeditation and
the injuries allegedly sustained by the complainant are not on
any vital part of the body. He further submits that the
complainant has appeared before the learned Trial Court and
expressed no objection to the Applicant being released on
bail, stating that the parties belong to the same family. It is
lastly submitted that the investigation is complete and charge-
sheet has been filed, the offence is triable by the learned
Magistrate, the Applicant is aged 22 years, is in custody since
25.05.2026 and the trial is likely to take considerable time
therefore, he may be released on bail.
4.
On the other hand, learned State Counsel opposes the bail
application and submits that the Applicant is alleged to have
assaulted the complainant with a knife, causing injuries to
him.
5. I have heard learned counsel for the parties and perused the
case diary.
6. Considering the submissions advanced by learned Counsel
for the parties, the material available in the case diary,
particularly the nature of injuries sustained by the
complainant being simple in nature, the complainant has

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expressed no objection to his release on bail, the Applicant is
in custody since 25.05.2026 and the trial is likely to take
considerable time, without commenting on the merits of the
case, this Court is of the considered opinion that it is a fit
case to allow the application. Accordingly, the bail application
is allowed.
7. Let Applicant- Rizvan Khan @ Billu involved in Crime No.
451/2026 registered at Police Station – Tikrapara, District
Raipur (C.G.), for the offence under Section 109 of BNS be
released on bail on his furnishing a personal bond with two
sureties in the like sum to the satisfaction of the Court
concerned with the following conditions:-
(i) The applicant shall file an undertaking
to the effect that he/she shall not seek any
adjournment on the dates fixed for
evidence when the witnesses are present
in court. In case of default of this condition,
it shall be open for the trial court to treat it
as abuse of liberty of bail and pass orders
in accordance with law.
(ii) The applicant shall remain present
before the trial court on each date fixed,
either personally or through his/her
counsel. In case of his/her absence,
without sufficient cause, the trial court may
proceed against him/her under Section
269 of Bharatiya Nyaya Sanhita.
(iii) In case, the applicant misuses the
liberty of bail during trial and in order to
secure his/her presence, proclamation
under Section 84 of BNSS. is issued and
the applicant fails to appear before the
court on the date fixed in such

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proclamation, then, the trial court shall
initiate proceedings against him/her, in
accordance with law, under Section 209 of
the Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in
person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing
of charge and (iii) recording of statement
under Section 351 of BNSS. If in the
opinion of the trial court absence of the
applicant is deliberate or without sufficient
cause, then it shall be open for the trial
court to treat such default as abuse of
liberty of bail and proceed against him/her
in accordance with law.
8.
Office is directed to send a certified copy of this order to the
trial Court concerned for necessary information and
compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice
Priya